House Bill 75
150th General Assembly (Present)
If original bill has not been considered in committee, the substitute takes place of original bill. If original bill has been considered in committee, the substitute will be assigned to committee for consideration.
AN ACT TO AMEND TITLE 31 OF THE DELAWARE CODE RELATING TO THE YOUTH SERVICES COMMISSION OF DELAWARE.
This Act clarifies that the Department of Services for Children, Youth and Their Families (DSCYF) continues to have exclusive jurisdiction over a juvenile's care, custody, and control when a juvenile is found delinquent of an offense in Family Court and is sentenced to a term of confinement that shall not exceed one year beyond their 18th birthday. This Act stipulates that juveniles found guilty and sentenced to a Superior Court offense shall remain in the custody, care, and control of DSCYF until they turn 18. Youth with Superior Court adjudications and terms of confinement which extend beyond their 18th birthday shall be transferred to the custody of the Department of Correction for the remainder of their sentence at 18. This Act also clarifies that Family Court is permitted to retain jurisdiction in some cases involving youth aged 18- 21 and Family Court may require DSCYF to provide services and supervision for non-incarcerated persons. Should Level V confinement be imposed in cases where Family Court has extended jurisdiction for youth over 18 and under 21, the Department of Correction (DOC) shall have exclusive responsibility for the person's care, custody, and control when the period of the confinement commences after the youth has reached the age of majority.
Takes effect upon being signed into law